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Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Amended 5-23-2011 by Ord. No. 11-05. Subsequent amendments noted where applicable.]
This chapter is known and may be cited and referenced as the "Civil Emergency Preparedness Ordinance of the Town of Kittery," as authorized under 37-B M.R.S. §§ 781 through 834, as enacted by P.L. 1983, c. 460.
It is the intent and purpose of this chapter to establish an agency that will ensure the complete and efficient utilization of all of the Town's resources in efforts to mitigate and respond to natural and man-made disasters. The Kittery Emergency Management Agency is the coordinating agency for all activity in connection with civil emergency preparedness.
The following definitions apply in the interpretation of this chapter:
CIVIL EMERGENCY PREPAREDNESS
The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters or catastrophes caused by enemy attacks, sabotage, riots or other hostile action, or by fire, flood, earthquake or other natural or man-made causes. These functions include, without limitation, firefighting, police, medical and health, emergency welfare, rescue, engineering, air raid warning and communications services; radiological, chemical and other special weapons defense; evacuation of persons from stricken areas; economic stabilization; allocation of critical materials in short supply; emergency transportation; existing or properly assigned functions of plant protection; other activities related to civilian protection and necessary to the preparation for carrying out these functions.
DEPUTY DIRECTOR
The Deputy Director of the Emergency Management Agency, appointed by the Director.
DIRECTOR
The Director of the Emergency Management Agency, appointed as prescribed by this chapter.
DISASTER
The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, critical material shortage, infestation, explosion, riot or hostile military or paramilitary action.
EMERGENCY MANAGEMENT AGENCY FORCES
The employees, equipment and facilities of all Town departments, boards, institutions and commissions; and in addition, includes all volunteer personnel, equipment and facilities contributed by or obtained from volunteer persons or agencies.
EMERGENCY MANAGEMENT AGENCY VOLUNTEER
Any person duly registered, identified and appointed by the Director of the Emergency Management Agency or its designee.
LOCAL
Restricted to the geographic boundaries of Kittery and the municipalities adjacent to it.
REGULATIONS
Includes plans, programs and other emergency procedures deemed essential to civil emergency preparedness.
A. 
The Emergency Management Agency is hereby established within the executive department of the Town government and under the direction of the Town Manager. The Town Manager is hereby authorized to organize the Emergency Management Agency, utilizing to the fullest extent possible the existing agencies within the Town.
B. 
There is an executive head of the Emergency Management Agency who is known as the Director of the Emergency Management Agency. The Director is appointed by the Town Council and works under the direction of the Town Manager.
C. 
In addition to the Director, the agency includes such other assistants, employees and EMA volunteers as are deemed necessary for the proper functioning of the organization. Any necessary employee is hired by the Director with the consent of the Town Manager.
D. 
The Emergency Management Agency operates according to this chapter and regulations which must be approved by the Town Council and which may be amended from time to time by the Council. No regulation or amendment may be approved or adopted by the Council during a declared emergency.
Whenever a local disaster exists or appears imminent, the Town Manager, or the person duly appointed by the Council to act in the absence of the Town Manager, by proclamation, is to declare that fact and that an emergency exists in the municipality. A copy of the proclamation is to be posted in the same manner as the warrant calling a Town meeting and a copy of the proclamation filed with the Town Clerk. Local representatives of the media are to be contacted and informed about the proclamation as soon as possible.
A. 
Emergency regulations. During any period when a local disaster has been proclaimed or when the Governor has proclaimed a disaster pursuant to 37-B M.R.S. § 742, the Town Manager may promulgate such regulations deemed necessary to protect life and property and preserve critical resources. Such regulations may include, but not be limited to, the following:
(1) 
Regulations prohibiting or restricting the movement of vehicles in order to facilitate the work of Emergency Management Agency forces or to facilitate the mass movement of persons from critical areas within or outside the Town.
(2) 
Regulations pertaining to the movement of persons from areas deemed hazardous or vulnerable to disaster.
(3) 
Such other regulations necessary to preserve public peace, health and safety.
B. 
Emergency purchases. In accordance with Town Code § 3.2.9, the Town Manager may obtain vital supplies, equipment and other properties found lacking and needed for the protection of health, life and property of the people and bind the Town for the fair value thereof.
C. 
Emergency services. The Town Manager may require emergency services of any Town officials or employees. If regular Town forces are determined inadequate, the Director may require the services of such other personnel as are available, including citizen volunteers. All duly authorized persons rendering emergency services are entitled to the privileges and immunities provided by state law and ordinances for regular Town employees and other registered and identified Emergency Management Agency and disaster workers.
Whenever satisfied that a local emergency or disaster no longer exists, the Town Manager shall terminate the emergency proclamation by another proclamation. That proclamation must be published in local newspapers and posted in the same manner as the warrant calling a Town meeting. Local representatives of the media must be informed of the termination of the emergency as soon as possible.
The Director of the Emergency Management Agency is responsible to the Town Manager regarding all phases of emergency management activity. Under the supervision of the Manager, the Director is responsible for the planning, coordination and operation of the emergency management activity in the Town. Under supervision of the Manager, the Director maintains liaison with the county, state and federal authorities and the authorities of other nearby political subdivisions as to ensure the most effective operation of the Emergency Management Agency plan. Duties include, but are not limited to, the following:
A. 
Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the Town for civil emergency preparedness purposes.
B. 
Development of plans for the immediate use of all the facilities, equipment, manpower and other resources of the Town for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness, governmental services and public utilities necessary for the public health, safety, welfare.
C. 
Negotiating and concluding agreements with owners or persons in control of buildings or other property for emergency management purposes and designating suitable buildings as public shelters.
D. 
Through public informational programs, educating the civilian population as to actions necessary and required for the protection of persons and property in case of enemy attack or disaster, as defined herein, either impending or present.
E. 
Conducting public practice alerts to ensure the efficient operation of the Emergency Management Agency forces and to familiarize residents with emergency management regulations, procedures and operations.
F. 
Coordinating the activity of all other public and private agencies engaged in any emergency management activity.
G. 
Assuming such authority and conducting such activity as the Town Manager may direct to promote and execute the emergency preparedness plan.
A comprehensive emergency operations plan is to be adopted and maintained by resolution of the Council upon recommendation by the Town Manager.
It is unlawful for any person to violate any of the provisions of this chapter or of the regulations or plans issued pursuant to the authority contained herein, or to willfully obstruct, hinder or delay any member of the Emergency Management Agency, as herein defined, in the enforcement of the provisions of this chapter or any regulation or plan issued thereunder.
Any person, firm or corporation violating any provision of this chapter or any rule or regulation promulgated thereunder, upon conviction thereof, will be assessed a penalty under Title 1, Chapter 1.3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).